AI Overview...
- Order 22 Rule 10 CPC - Application in Execution Proceedings
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Main Points: Order 22 Rule 10 pertains to the devolution of interest of a party, especially upon death or transfer of interest, and its applicability in execution proceedings. Several sources clarify that this rule is relevant when a party's interest devolves by death, resignation, or removal, and the court may need to implead successors or representatives as parties Syed Zamin Aii Razvi VS Saleemunnisa Begum - Andhra Pradesh, Dhurandhar Prasad Singh VS Jai Prakash University - Supreme Court.
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Application in Specific Contexts
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Main Points: The rule is invoked when a decree holder or interested party dies during the pendency of execution or appeal, and the court's discretion is exercised to substitute or implead the successor or representative. For example, in execution of decrees, failure to seek leave under Order 22 Rule 10 can lead to abatement, but courts sometimes proceed if the interests are substantial Ram Narain VS Maheshwari Samaj - Rajasthan, Laxmi Devi W/o Shri Girdhari Lal Sharma VS Purshottam Chandrakar S/o Shri Ramlal Chandrakar - Chhattisgarh.
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Scope and Limitations
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Main Points: While primarily related to death or transfer of interest, the rule also applies to other devolution scenarios such as resignation or removal from office, extending its scope beyond mere death Dhurandhar Prasad Singh VS Jai Prakash University - Supreme Court. However, courts have held that Order 22 Rule 10 does not automatically apply in all execution contexts; its applicability depends on the presence of devolution of interest and whether leave was sought Syed Zamin Aii Razvi VS Saleemunnisa Begum - Andhra Pradesh, Surendra VS Chandram - Rajasthan.
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Specific Case Insights
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Main Points: Courts have emphasized that failure to seek leave under Order 22 Rule 10 can result in abatement of proceedings, but in certain cases, proceedings can continue if the court is satisfied about the interest's devolution without formal substitution Ram Narain VS Maheshwari Samaj - Rajasthan, JAGANNATH MAHAPRABHU VS PRAVAT CHANDRA CHATTERJEE - Orissa.
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Main Points and Analysis
- Order 22 Rule 10 CPC is a procedural provision that governs the substitution of parties upon the devolution of interest, particularly in cases of death, resignation, or removal. Its correct application ensures the proper continuation of proceedings without abatement. Courts have clarified that the rule extends beyond death to other forms of interest devolution, and discretion plays a vital role in impleading successors or representatives Raj Kumar VS Sardari Lal - Supreme Court, Dhurandhar Prasad Singh VS Jai Prakash University - Supreme Court.
Conclusion: Order 22 Rule 10 CPC is crucial in execution proceedings for managing changes in parties' interests due to death, resignation, or removal. Proper adherence ensures the proceedings' validity, but courts retain discretion to proceed or abate based on the circumstances and whether the procedural requirements, like seeking leave, are fulfilled.
Search Results for "Order 22 Rule 10 of Cpc in Excution Proceeding"
1985 0 Supreme(AP) 162 • India - Andhra Pradesh
SRIRAMULU
Whether Order 22 Rule 10 CPC applied to the execution proceedings? 3. ... ORDER 22 RULE 10 CPC - ASSIGNMENT, CREATION OR DEVOLUTION OF INTEREST - EXECUTION PROCEEDINGS - CONTINGENT INTEREST - INHERENT ... The court held that Order 22 Rule 10 CPC did not ap....
2004 1 Supreme 532 • India - Supreme Court
ASHOK BHAN, R.C.LAHOTI
CPC is entitled to move an ... 22 Rule 10 of the CPC. ... However, the Court held that an appeal is a proceeding for the purpose of Section 146 and further the expression "claiming under" is wide enough to include cases of devolution and assignment mentioned in Order 22 Rule 10. ... On 30.5.1998, the respondent No. 4 filed an application under Order 9 Rule 13 of the CP....
1983 0 Supreme(Cal) 156 • India - Calcutta
ASHA MUKUL PAL
under Order 22 Rule 10 of the CPC? ... 22 Rule 10 of the CPC. ... under Order 1 Rule 10 as an application under Order 22 Rule 10 if the ingredients of Order 22 Rule 10 are present. 2. ... Ghosh is that Order 1, #HL_START....
• India - Current Civil Cases
ANIL KUMAR SINHA
of Will – Alienee pendente lite can be impleaded as party under Order 22 Rule 10 of CPC if his interest is substantial – Petitioner ... 22 Rule 10 of CPC – Interveners/applicants directed to be added as party/respondents in appeal. ... Civil Procedure Code, 1908 – Order I Rule 10 – Indian Succession Act, 1925 – Sections 276 and 283 – Probate ... The Hon’ble Apex....
2013 0 Supreme(Raj) 1222 • India - Rajasthan
VIJAY BISHNOI
Order 22 Rule 10(A) of the CPC - Motor Accident Claims Tribunal - The court dismissed the application raised by the petitioner ... Ratio Decidendi: The court held that as per Order 22 Rule 10(A) of the CPC, it was the duty of the respondent and his advocate ... The petitioners objected to the execution of the award, citing the death of the respondent prior to the judgment. ... The respondent-clai....
1998 0 Supreme(Raj) 1291 • India - Rajasthan
MOHD.YAMIN
The decree holder filed an execution application without obtaining leave of the court under Order 22 Rule 10 CPC. ... EXECUTION OF DECREE - ABATEMENT OF SUIT - ORDER 22 RULE 10 CPC - APPLICABILITY - DECREE HOLDER DIED DURING PENDENCY OF FIRST APPEAL ... The court further held that the execution of the decree could proceed without leave of the court under #HL_STA....
2010 0 Supreme(MP) 267 • India - Madhya Pradesh
SANJAY YADAV
Specific Performance - Execution Proceedings - Specific Relief Act 1963, Section 28, Order 22 Rule 10 CPC - Section 52 of the ... Issues: The issues revolved around the interpretation of Section 28 of the Specific Relief Act 1963, Order 22 Rule 10 CPC, ... Ratio Decidendi: The Court held that the provisions of Section 28 of the Specific Relief Act 1963 and Order#HL_EN....
2001 5 Supreme 278 • India - Supreme Court
Order 22 Rule 10 and Section 47-Devolution of ... Order 22, Rule 10, is not confined to devolution of interest of a party by death; it also applies if the head of the mutt or manager of the temple resigns his office or is removed from office. ... Now we proceed to consider the second question posed, but before doing so, for better appreciation of the point involved, it would be appropriate to refer to the provisions of Order #HL_STA....
1991 0 Supreme(Ori) 198 • India - Orissa
A.K.PATNAIK, P.C.MISRA, G.B.PATTANAIK
CODE, ORDER 1, RULE 10 (2), ORDER 22, RULE 10 (1). ... 22, Rule 10 (1) of the CPC. ... However, the court held that the trial court could have exercised its discretion under Order 22, Rule 10 (1) of the CPC to implead ... Rule 10 (1) of Order 22#....
2024 0 Supreme(Chh) 485 • India - Chhattisgarh
RAKESH MOHAN PANDEY
(A) Transfer of Property Act, 1882 – Section 54 – Civil Procedure Code, 1908 – Order 22 Rule 10 – Cancellation ... 22 Rule 10 – Appeal dismissed. ... – Court ruled that defendants No. 4 & 5 could not take defenses available to defendant No. 1 as they failed to seek leave under Order ... (8) Order 22 Rule 10 of CPC reads as under:- 10....
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